PROTECTING YOUR PRIVACY
Introduction
Caledonian Consumer Finance Limited (we, us, our, Caledonian Consumer
Finance) is the data controller. We are registered with the Information
Commissioner's Office with registration number: Z282278X (which can be
viewed here)
This Privacy Notice explains in detail the types of personal data we may
collect about you. It also explains how we’ll store and handle that data,
and keep it safe.
We know that there’s a lot of information here but we want you to be fully
informed about your rights, and how Caledonian uses your data.
For example, we will explain things such as our credit checking procedure
and how we combine data to build a picture of you.
We hope the following sections will answer any questions you have but if
not, please do get in touch with us.
It’s likely that we’ll need to update this Privacy Notice from time to time
and will publish updates on our website. Please check the website for the
current version of our Privacy Notice.
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1. How we use your information:
We will use your information to: (i) process your loan application; (ii)
perform our contract with you and manage your account(s) with us and to
send you statements; (iii) provide our services to you; (iv) where your
preferences permit, contact you in relation to our other products and
services; (v) check your identity and undertake vetting of you and your
circumstances in relation to your application (as described in more detail
in section 4); (vi) register your repayments with credit reference agencies
(as described in more detail in section 4); and (vii) where justified in
the pursuit of our legitimate interest, undertake research, assessment and
analysis (including credit and/or behaviour scoring, market research etc)
to enable us to develop and improve our services to you and other customers
and to protect our interests.
We will store and process your information on our secure servers and in any
other way we need to so that we can carry out the activities described in
this Privacy Notice.
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2. What information we use:
By “your information” we mean personal and financial information about you
that we obtain: (i) from you directly as part of your application for a
loan and in the creation of your account; (ii) from third parties, such as
credit reference agencies (who may search the Electoral Register), fraud
prevention agencies or other organisations; and/or (iii) information we
gather during our contract with you, for example about the way you use and
manage your account(s) with us (including from the transactions and
payments made to your account with us).
The types of information we normally use include:
· your name, address, date of birth and contact details (which may include
your email address and telephone number);
· information about your employment, residential status and financial
position;
· information about your existing credit commitments, previous borrowing
and credit rating and how you manage your repayment history;
· information collected about your visits to and use of our website (see
our Cookies Notice for further details); and
· information you provide us during the course of our relationship with you
about your needs, requirements or changes in your circumstances.
We do not routinely collect special categories of information (which may
include information about your mental and physical health). However,
sometimes this may be necessary to adapt our services to your needs or in
order to ensure that we treat you fairly. We will only record this
information where it is necessary and where you (or someone you have
appointed to act on your behalf) provide express consent for us doing so.
Failure to provide information when requested by us may impact on our
ability to provide our services to you (such as our ability to offer you a
loan, or to ensure our collections activity is adapted to your needs).
We will monitor and/or record telephone calls from and to you in the
interests of customer service and for training purposes.
Automated processing and decision taking
We may perform automated processing (i.e. processing that is carried out
without human intervention) on your personal information, to evaluate
certain things about you. In particular, we may do this to analyse or
predict (amongst other things) your economic situation, credit history,
age, personal preferences, interests or behaviour. This could mean that
automated decisions (i.e. decisions that are made without human
intervention) are made about you using your personal information. For
example, if you do not meet an element of our lending criteria (such as
being over 18 or being a resident in the UK) any application for credit
will be automatically declined. If you do meet our lending criteria, the
amount we lend, the term of your loan and the interest we charge on your
loan will be determined by your credit status.
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3. Third parties with whom your information may be shared:
We may share information about you with: (i) credit reference and fraud
prevention agencies; (ii) people who provide a service to us or act on our
behalf (which will include third parties engaged to provide customer,
technical, or operational support, handle payments, host our services, or
provide us with legal advice and accountancy services) on the understanding
that (and subject to contractual terms which require that) they will keep
the information confidential and handle your personal information solely in
accordance with our instructions; (iii)any third party who introduced you
to us so that they can contact you and for their own accounting and
administration purposes; and (iv) anyone to whom we transfer or may
transfer all or part of our business and its assets, including our rights
and duties under your credit agreement(s) with us.
We may also give out information about you if we have a duty to do so or if
the law requires or allows us to do so.
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4. Our use of credit reference agencies and fraud prevention agencies:
When you apply for a product from us you confirm that all the information
you have given to us is true and complete. We will make checks with credit
reference agencies and fraud prevention agencies in order to assess your
application for credit. Where your application is approved and you enter
into a credit agreement with us we may also make periodic searches at
credit reference agencies and fraud prevention agencies to enable us to
manage your account with us. Although these further searches will be added
to your credit record, they will not be shared with others. Law enforcement
agencies may also access and use this information. When credit reference
agencies receive a search from us they will add details of our search and
your application to your credit records that may be seen by other lenders.
A large number of applications within a short period of time could impact
your ability to obtain credit. We will use a credit scoring or other
automated decision making system when assessing your application (in
particular in relation to assessing your creditworthiness and the
affordability of your proposed loan). Credit reference agencies supply to
us public information (including the Electoral Register), shared credit
information and fraud prevention information. The identities of the credit
rating agencies, and the ways in which they use and share personal
information, are explained in more detail at the following links:
Once you have an account with us, we will give details of your accounts and
how you manage it/them to credit reference agencies. If you borrow from us
and do not repay in full and on time, or otherwise break the terms of your
agreement with us, we will register such information with credit reference
agencies who will record the outstanding debt. This information may be
supplied to other organisations by credit reference agencies and fraud
prevention agencies to perform similar checks and to trace your whereabouts
and recover debt that you owe.
The personal information we have collected from you will be shared with
fraud prevention agencies who will use it to prevent fraud and
money-laundering and to verify your identity. If fraud is detected, you
could be refused certain services, finance or employment. Further details
of how your information will be used by us and these fraud prevention
agencies, and your data protection rights are set out in this Notice and
are available on request. You can also find out more about how Fraud
Prevention Agencies handle your information at www.cifas.org.uk. If false or
inaccurate information is provided and fraud is identified, details will be
passed to fraud prevention agencies. Law enforcement agencies may access
and use this information.
We and other organisations may also access and use this information to
check your identity and to prevent fraud and money laundering, for example,
when: checking details on applications for credit and credit related or
other facilities; managing credit and credit related accounts or
facilities; tracing debtors and recovering debt; checking details on
proposals and claims for all types of insurance, checking details of job
applicants and employees and for any other purpose for which you give your
agreement. We and other organisations may access and use from other
countries the information recorded by fraud prevention agencies.
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5. International transfers of your information:
We will not normally transfer your data outside of the EEA.
If any of the third parties described above are located in, or may
otherwise transfer your information to, another country (which may be
outside the European Economic Area (the "EEA")) we will
make sure that they agree to apply the same levels of protection as we are
required to apply to information held in the UK, and to use your
information only for the purpose of providing the service to us. We will
always take steps to ensure that any international transfer of information
is carefully managed to protect your rights and interests and we will (i)
only transfer your personal data to countries which are recognised as
providing an adequate level of legal protection or where we can be
satisfied that alternative arrangements are in place to protect your
privacy rights; and/or (ii) endeavour to ensure that such transfers by
third parties are protected by appropriate contractual commitments. You
have the right to ask us for more information about the safeguards we have
put in place as mentioned above. Contact us as set out in paragraph 11 if
you would like further information.
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6. How long we may retain your information for
We endeavour to ensure that personal information is kept as current as
possible and that irrelevant or excessive personal information deleted as
soon as reasonably practicable. However, some personal information may be
retained for varying time periods in order to comply with legal and
regulatory obligations and for other legitimate business reasons. We will
generally retain your personal information only so long as it is required
for purposes for which it was collected. This will usually be the period
for which we provide you with our services plus the length of any
applicable statutory limitation period following that time (normally six
years from the end of our agreement with you plus a further one year for
review). We may keep some specific types of data, for example, tax records,
for different periods of time, as required by applicable law or where it is
necessary for the purpose of managing our legal risks. You can contact us
(using the details set out below) for more information.
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7. The legal basis on which we use your information:
We only use your personal information for the purposes described above
where we are satisfied that:
7.1 our use of your personal information is necessary to perform a contract
or take steps to enter into a contract with you (e.g. to provide you with
your loan, our customer assistance and/or our technical support), or;
7.2 our use of your personal information is necessary to comply with a
relevant legal or regulatory obligation that we have (e.g. we can pass on
details of people involved in fraud or other criminal activity affecting
Caledonian to the appropriate law enforcement/government agency); or
7.3 our use of your personal information is necessary to support legitimate
interests that we have as a business (for example, to maintain and improve
our services by identifying user trends and the effectiveness of our
services and identifying technical issues with our services, such as our
website), provided it is conducted at all times in a way that is
proportionate, and that respects your privacy rights.
7.4 you have provided your consent to us using your personal information
for that purpose (e.g. to provide you with promotional or marketing
content);
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8. Your rights in relation to your information:
Depending on the lawful basis for which we use your personal information
(as described above), you have various rights in relation to your
information and the way in which we use it. Those rights may include the
following:-
8.1 Right to access your information - You have a right to
request that we provide you with a copy of your personal information that
we hold and you have the right to be informed of; (a) the source of your
personal information; (b) the purposes, legal basis and methods of
processing; and (c) the entities or categories of entity to whom your
personal information may be transferred
8.2 Right to rectify or erase - You have a right to
request that we rectify inaccurate personal information and we may seek to
verify the accuracy of the personal information before rectifying it. You
can also request that we erase your personal information in limited
circumstances where (i) it is no longer needed for the purposes for which
it was collected; or (ii) you have withdrawn your consent (where the data
processing was based on consent); or (iii) following a successful right to
object; or (iv) it has been processed unlawfully.
8.3 Data portability - where we are relying upon your
consent or the fact that the processing is necessary for the performance of
a contract to which you are party as the legal basis for processing, and
that personal information is processed by automatic means, you have the
right to receive all such personal information which you have provided to
us in a structured, commonly used and machine-readable format, and also to
require us to transmit it to another controller where this is technically
feasible.
8.4 Right to restriction of processing - you have the
right to restrict our processing of your personal information where: (i)
you contest the accuracy of the personal information until we have taken
sufficient steps to correct or verify its accuracy;(ii) where the
processing is unlawful but you do not want us to erase the data;(iii) where
we no longer need the personal information for the purposes of the
processing, but you require them for the establishment, exercise or defence
of legal claims; or (iv) where you have objected to processing justified on
legitimate interest grounds (see below) pending verification as to whether
we have compelling legitimate grounds to continue processing. Where
personal information is subjected to restriction in this way we will only
process it with your consent or for the establishment, exercise or defence
of legal claims.
8.5 Right to withdraw consent - where you have provided us
with your consent to process data, you have the right to withdraw such
consent at any time. In the case of email marketing communications, by
following the unsubscribe link. Please note that when you withdraw your
consent this will not affect any use of your data based on your consent
which occurred prior to the point your consent was withdrawn.
8.6
Right to object to processing justified on legitimate interest grounds
- where we are relying upon legitimate interest to process data, then you
have the right to object to that processing. If you object, we must stop
that processing unless we can either demonstrate compelling legitimate
grounds for the processing that override your interests, rights and
freedoms or where we need to process the data for the establishment,
exercise or defence of legal claims. Where we rely upon legitimate interest
as a basis for processing we believe that we can demonstrate such
compelling legitimate grounds, but we will consider each case on an
individual basis.
8.7 Rights to object to profiling and automated decisions -
you have a right not to be subject to automated decisions which have a
legal effect and to be protected by safeguards in respect of any profiling.
8.8 You can exercise your rights described above by writing to us, by sending an email to
customerservices@caledonianfinance.co.uk or by telephone by calling 03330
144 561. You can also request details of the credit reference and fraud
prevention agencies we use by contacting us using the details above or
writing to Head of Customer Services, Caledonian Consumer Finance Ltd.,
Suite 3/1, Skypark 3, 14 Elliot Place, Glasgow, G3 8EP or by emailing
customerservices@caledonianfinance.co.uk
.
We will always respond to requests promptly and usually within one month.
Normally no fee will be payable. However, if your request is excessive,
repetitive or manifestly unjustified we may (i) refuse your request or (ii)
ask you to pay a fee which reflects our reasonable administrative costs. If
your request is particularly complex we may take up to 3 months to respond
(but will always let you know if this is going to be the case).
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9. How we protect your personal data
We know how much data security matters to all of our customers. With this
in mind we will treat your data with the utmost care and take all
appropriate steps to protect it.
We secure access to all transactional areas of our websites using leading
encryption technology like HTTPS and Transport Layer Security.
Access to your personal data is password-protected, and sensitive data
(such as payment card information) is secured using leading encryption
technology like HTTPS and Transport Layer Security.
We regularly monitor our system for possible vulnerabilities and attacks,
and we carry out penetration testing to identify ways to further strengthen
security.
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10. Contacting the Regulator
-
If you feel that your data has not been handled correctly, or you are
unhappy with our response to any requests you have made to us regarding the
use of your personal data, you have the right to lodge a complaint with the
Information Commissioner’s Office.
You can contact them by calling 0303 123 1113 or go online to www.ico.org.uk/concerns (opens
in a new window; please note we can't be responsible for the content of
external websites).
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11. Any questions?
– We hope this Privacy Notice has been helpful in explaining how we handle
your personal data and your rights to control it.
If you have any questions that haven’t been covered, please contact our
Compliance team at
compliance@caledonianfinance.co.uk
, or by post addressed to Compliance, Caledonian Consumer Finance Ltd,
Suite 3/1 Skypark 3, Elliot Place, Glasgow G3 8EP or by telephone on 03330
144 561.
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